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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
NE Passage Inc. )
Registrant of Antenna Structure ) File No. EB-08-NY-0266
ASR # 1063673 )
Hightstown, New Jersey ) NOV No. V200832380043
)
NOTICE OF VIOLATION
Released: July 28, 2008
By the District Director, New York Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to NE Passage Inc., owner of antenna
structure # 1063673 in Hightstown, New Jersey.
2. On July 15, 2008, an agent of the Commission's New York Office
inspected antenna structure # 1063673 and observed the following
violations:
a. 47 C.F.R. S: 17.4 (g): "The Antenna Structure Registration Number
must be displayed in a conspicuous place so that it is readily
visible near the base of the antenna structure." At the time of
the inspection, no Antenna Structure Registration Number was
visible at the base of antenna structure # 1063673.
b. 47 C.F.R. S: 17.23: "Unless otherwise specified by the Commission,
each new or altered antenna structure registered on or after
January 1, 1996, must conform to the FAA's painting and lighting
recommendations set forth on the structure's FAA determination of
"no hazard," as referenced in the ...FAA Advisory Circulars." The
FCC's Antenna Structure Registration ("ASR") database currently
indicates that the antenna structure requires aviation orange and
white paint and red obstruction lighting in accordance with FAA
Circular Number 70/7460-1H, Chapters 3, 4, 5, 13. The antenna
structure does not conform to these recommendations, but is
equipped with a medium intensity flashing white obstruction
lighting system for daytime visibility, is not painted, and
therefore is in violation of 47 C.F.R. S: 17.23. In order to come
into compliance with the Commission's rules, NE Passage Inc. must:
(1) obtain a new FAA "no hazard" determination indicating that the
current lighting system is permitted and then submit a modified
antenna structure registration to reflect the new "no hazard"
determination, (2) submit a modified registration if a new FAA "no
hazard" determination already has been obtained, or (3) come into
compliance with the current ASR by removing the white obstruction
lighting and painting the tower.
c. 47 C.F.R. S: 17.57: ": "The owner of an antenna structure for
which an Antenna Structure Registration Number has been obtained
must notify the Commission within 24 hours of completion of
construction (FCC Form 854-R) and/or dismantlement (FCC Form 854).
The owner must also immediately notify the Commission using FCC
Form 854 upon any change in structure height or change in
ownership information." According to the ASR, Antenna Structure
Registration Number 1063673 still shows "granted" status. In order
to come into compliance with the Commission's rules, NE Passage
Inc. should file FCC Form 854 notifying the Commission that the
tower has been constructed. The telephone number listed is
directory assistance for area code 205 and should be replaced with
a valid contact telephone number.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, NE Passage Inc. must
submit a written statement concerning this matter within twenty (20)
days of release of this Notice. The response must fully explain each
violation, must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and should include a
time line for completion of pending corrective action(s). The response
must be complete in itself and signed by a principal or officer of the
NE Passage Inc. All replies and documentation sent in response to this
Notice should be marked with the File No. and NOV No. specified above,
and mailed to the following address:
Federal Communications Commission
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
4. This Notice shall be sent to NE Passage Inc. at its address of
record.
5. The Privacy Act of 1974 requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
3
Federal Communications Commission